In anticipation of Barbie® turning 50 in March this year, I thought we could take a look at some of Barbie’s legal adventures over the years.  Because so much has been written on the Bratz dispute we will be focusing on other legal battles.   Jump in the Barbie Camper and let’s get the show on the road. First, a little history.  Barbie was actually born in 1958, at least according to her driver’s license, I mean trademark registration, which states Barbie was first used on dolls May 9, 1958.  I guess Barbie wanted to be a year younger so all the press states she’s turning 50 this year, I think she is really 51.  I stopped counting the number of copyright registrations that are in place for “molded dolls” with Barbie in the name; along with the “accessory” Barbie items that are registered. Mattel has covered the bases to protect the Barbie brand intellectual property.  Mattel seems to be the defendant as often as it is the plaintiff in varied legal actions from parody to copyright infringement to reverse likelihood of confusion actions. 

• PARODY

Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir.2002)
In 1997, Aqua, a Danish band, produced the song “Barbie Girl” on the album Aquarium. In the song, one band member impersonates Barbie, singing in a high-pitched, doll-like voice; another band member, calling himself Ken, entices Barbie to "go party."  Mattel sued MCA Records for trademark infringement and lost.  The court held this was a true parody protected by First Amendment and the song was a commentary "about Barbie and the values . . . she [supposedly] represents." Because the song was about Barbie, "the use of Barbie in the song title clearly is relevant to the underlying work.” More...